This original petition directed the 3rd Addl. Munsiff Court, Thiruvananthapuram, to hear and dispose of pending applications (I.A. Nos. 5078/2018 & 5079/2018) by January 31, 2019, as they were not disposed of by the original court.
Directed the 3rd Addl. Munsiff Court to hear and dispose of I.A. Nos. 5078/2018 & 5079/2018 by January 31, 2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940
OP(C).No. 3384 of 2018
OS 991/2018 of III ADDL.MUNSIFF'S COURT.,TRIVANDRUM
PETITIONERS:
1 MINI SAJAN VARGHESE AGED 49 YEARS W/O.SAJAN VARGHESE, RESIDING AT KANJIRAKKATTU HOUSE, T.C.14/352, KUMARAPURAM, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM.
2 SHERLY KURIYAKOSE, AGED 52 YEARS W/O.REJI VARGHESE, RESIDING AT KANJIRAKKATTU HOUSE, T.C.14/352, KUMARAPURAM, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM.
BY ADVS. SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI
RESPONDENT:
MANACAUD SURESH, AGED 42 YEARS S/O. KUMARA PILLAI, RESIDING AT SHIVA BHAVAN, T.C.39/1833, MANACAUD, THIRUVANANTHAPURAM DISTRICT, PIN-695023.
BY ADVS. SMT.JANAKI KRISHNAN A SRI.T.K.ANANDA KRISHNAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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OP(C).No. 3384 of 2018
JUDGMENT
Petitioners are aggrieved by the non-consideration of I.A.Nos.5078/2018 & 5079/2018 pending on the files of the 3rd Addl.Munsiff's Court, Thiruvananthapuram.
The petitioners were originally exparte in the court below. It is reported that the exparte was set aside on payment of costs. It is submitted by either sides that the applications presently stand posted to 17/01/2019. In view thereof, I dispose of this original petition directing the court below to hear and dispose of the applications preferably on the said date and at any rate dispose of the applications before 31/01/2019.
Sd/-
SATHISH NINAN
JUDGE
rsr
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OP(C).No. 3384 of 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.S. NO.991 OF 2018 FILED BEFORE THE HON'BLE MUNSIFFS COURT, TRIVANDRUM.
EXHIBIT P2 TRUE COPY OF THE EX-PARTE INTERIM ORDER DATED 19/6/2018 IN IA NO. 3737/2018 IN OS 991 OF 2018
EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT DATED JULY 2018 IN IA. NO.3737/2018 IN O.S. NO.991/2018
EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT DATED 19/11/2018 IN OS. NO.991 OF 2018 FILED BY THE PETITIONER HEREIN.
EXHIBIT P5 TRUE COPY OF THE IA NO. 5078/2018 IN OS. NO. 991/2018 DATED 23/7/2018 ON THE FILED OF THE HON'BLE MUNSIFF COURT, THIRUVANANTHPAURAM.
EXHIBIT P6
TRUE COPY OF THE IA NO. 5079/2018 IN OS NO.991/2018 DATED 23/7/2018 ON THE FILES OF THE HON'BLE MUNSIFF COURT, THIRUVANANTHAPURAM.
2 issues framed by the court
Whether to direct the trial court to hear and dispose of the pending applications before a specified date.
Whether the pending applications were non-considered by any error of the trial court.
MINI SAJAN VARGHESE
SHERLY KURIYAKOSE
MANACAUD SURESH
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
